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Establishing an egalitarian society was/is one of the main goals of the India Constitution. The fundamental rights and the directive principles of state policy were the primary tools adopted to achieve this goal. Part III of the Constitution entitled 'Fundamental Rights' comprises Articles 12 to 35 which lay down various rights, their limitations and remedies for their enforcement. The rights range from the equality before the law to the freedom of speech and expression, the protection against double jeopardy, the right to life and personal liberty, the freedom of religion, prohibition of discrimination, and the protection against arrest and unlawful detention.
It will be useful to analyse to a few rights in some detail in order to appreciate the rule of law in operation. Article 14 prohibits the state from denying 'to any person equality before the law or the equal protection of the laws'. The guiding principle of equality being that like should be treated alike and that unlike should be treated differently, Article 14 permits reasonable classification. The court has invalidated several laws under Article 14 because the classification was without a difference (K Kunhikoman v State of Kerala AIR 1962 SC 723), or the basis of classification had no nexus to the object of the law (P Rajendram v State of Madras AIR 1968 SC 1012), or the law established special courts for trial of certain cases or types of cases without any reasonable classification or guidelines (State of West Bengal v Anwar Ali Sarkar AIR 1952 SC 75; Northern India Caterers Ltd. v State of Punjab AIR 1967 SC 1581), or the law singled out a person for giving a special or discriminatory treatment (Ameernnisa Begum v Mehboob Begum AIR 1952 SC 91; Ram Prasad v State of Bihar AIR 1953 SC 215).
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